Sexual Harassment for a Media Company

Client:

High profile media company

Sector:

Media & Arts

Location:

United Kingdom

The Brief

ibex gale was instructed to conduct an investigation into complaints that had been raised by three members of staff who alleged they had been subjected to inappropriate behaviour of a sexual nature and sexual harassment by another member of staff.

We were instructed to conduct a fact-finding investigation into the concerns and to consider the following points:

  • The roles and responsibilities of those involved (and whether there had been any abuse of power).
  • The impact that the behaviours had on the other staff.
  • Whether any of the organisation’s policies had been breached such as the Bullying and Harassment and Respect at Work Policies.
  • We were also asked to make any appropriate recommendations as a result of any findings that were made, such as whether there was sufficient evidence to support a formal disciplinary process.

Key challenges included:

Allegations Related to Out-of-Work Conduct: The alleged behaviour occurred at a social event outside the workplace setting.

Multiple Complaints: Whilst there were other members of staff who all submitted complaints independently of each other about the same social event and the same member of staff, these were stand-alone events with each incident differing slightly in content from the others, and lacking direct corroboration.

Absence of Independent Witnesses: No third parties were identified as having witnessed the alleged incidents.

Influence of Staff Relationships & Team Culture: It became apparent that the staff all had very close relationships with each other and that the culture amongst staff may have contributed to the situation.

Concerns Over Potential Collusion: There were concerns around collusion between witnesses as it became apparent that the complainants had discussed their experiences with each other prior to the complaints being raised.

Our Approach

Key actions included:
  • Early Engagement with Complainants: We conducted initial, informal calls with the complainants prior to any formal interviews to ensure that the complainants had been given an opportunity to meet us virtually and ask any questions they had about the process.
  • Support Offered During Interviews: The complainants and respondent were all offered the opportunity to be accompanied to their interviews if they required additional support.
  • Review of Available Documentation: We assessed the relevant materials, acknowledging limitations in what was provided.
  • Reinforcement of Confidentiality: Specific measures were taken to address collusion concerns and stress the importance of discretion.
  • Timely but Flexible Investigation Process: The investigation spanned approximately eight weeks, with some delays due to participant availability.

The Results

Timely Completion of Investigation: The entire programme was delivered within the client’s target timescales.

Comprehensive Report: Our report had clear findings and recommendations.

Evidence Based:
We concluded that two of the allegations amounted to conduct that could reasonably be considered as sexual harassment as defined by the Equality Act and which would breach the organisation’s Bullying and Harassment Policy. As such, we found that this behaviour constituted gross misconduct under the organisation’s Disciplinary Policy, and we provided a recommendation that there was sufficient evidence to proceed to a disciplinary process.

Safeguarding:
We successfully safeguarded the complainants’ mental well-being, in line with the people-centric approach we take with all our investigations.

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